Read 235 times

  • Raf91
  • Explorer

    • 5

    • April 27, 2019, 11:42:49 pm
    • UK
Help reviewing a Hagwon contract!
« on: June 08, 2019, 12:44:12 am »
Hi,

I'm new to teaching and will be new to Korea, been having a few interviews and most recently was offered a contract for a school in Dongtan (if anyone also has information about this city, let me know!). After doing lots of research regarding contracts (on here and on various other forums/blogs), I thought that the offered contract looked pretty decent overall. There were one or two things which I was unsure about, but were cleared up by the school/current teacher when I asked about them (I'll put extra notes in red in the contract for things I asked about). The current teacher I spoke to has been there 3 years and just signed on for a fourth, answered all my questions thoroughly and gave me a good vibe. So I'm seriously considering taking it, but thought it can't hurt to post the contract here first and see what you guys think!


1.0 Employer and employee agree to the following:

Employee accepts employment from employer to work as an English instructor under the terms and conditions set forth here in this agreement for a period of 12 full and consecutive teaching sessions . Employment commences from the first day of class on, (_____________ 2019) and finishes on the last teaching day of the last teaching session (______________2020) covered under this agreement.

2.0 Duties

2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and mandatory arrival time. The base teaching requirement is actual teaching hours per session equal to forty minute classes if employee is assigned only forty minute classes. (During the school vacations; July & August, December & January- the maximum teaching hours will be 105 a month) Employer may assign classes between 30 to 50 minutes in length and in the case employee receives less than the above listed teaching hours, employer shall still pay the listed monthly salary and assign other teaching or administrative/curriculum related duties. Teaching days will be Monday to Friday, with a maximum 9-hour block teaching schedule excluding lunch breaks. The 7-hour block will be an average calculated based on the 5 day workweek schedule, consisting of approximately 30 teaching hours per week. In the event employee receives overtime payment or during the annually scheduled intensive months consisting of one month in the summer and one month in the winter, the maximum 8-hour block workday may not apply. Total teaching hours per session in excess of the base requirement listed above is calculated as overtime payment according to the overtime payment rate listed in section 3.1. Employee may be required up to a maximum of 5 overtime teaching hours per week. During the term of this agreement, employee may be required to attend and participate in non-teaching events & functions that can be scheduled on Saturdays. Excluding teacher refresher training these days will be a maximum of (5) per year. (The school/current teacher said it's usually only 2 Saturdays per year, but I'd be OK with 5)

2.2 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes; preparing evaluations, attending meetings and workshops scheduled by employer.

2.3 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

During the normal working hours, the employee can work for both ECC and Dae-sung school which is located in the same building and run by the same owner.

2.4 Mandatory Preparation and Arrival time

During the first 3 months of employment all first-year ECC employee(s) will be required to arrive at

least 1 hour before the start of their first class and prepare for lessons at least 2 hours per day. All employee(s) will be required to arrive at least 1 hour before the start of their first class and prepare for

lessons at least 1 hour per day or according to the employer’s academic standards. Failure to abide

the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. Employee(s) teaching before 10:00 am may arrive 30-minutes before their first class. (my working hours are 10-7, so I asked about this, and the school said just arrive at for 10)

3.0 Compensation and Other Treatment of Employee

3.1 Salary: The monthly salary will be _____________ Won with 2 payments made within two days after the last teaching session as part of the severance pay. No part of the twelfth payment will be paid unless the employee completes the full (12-session) 12 month contracts. Overtime payment is made at the rate of 17,000Won per 40-min class/prorated for shorter or longer classes. Employee’s salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension tax deductions will be withheld. Salary payments will be made on or before the eighth day of the month following the teaching session during which the employment services were provided. (The salary offer is 2.3M, and the current teacher said they're always paid on time, sometimes even earlier)

National Pension Tax Compliance: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall receive the accumulated pension tax payment made each month over the course of employment with employer plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office (http://www.npc.or.kr/ Click English link). Employee(s) who do not qualify for the refund should inquire with their countries tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.

3.2 Transportation into Korea: The return ticket shall be provided on completion of this agreement as per the previous contract. On completion of the full 12-session contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure such as the closest feasible airport to employee’s home city. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employees. (When I asked about this, the school said they will reimburse me for my flight to Korea. Will have to ask whether a return flight is included too like it says here. The current teacher said no other teachers have had problems with airfare)

3.3 Visa Application Fee Subsidy: Employer will extend the current E2 visa once employee provides the necessary documents if needed for the extension of this visa

3.4 Paid Sick Classes: Employee’s under the 12-session contract will be entitled to 5 paid sick classes with a medical note from a physician or confirmation/approval by the employer. Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee’s monthly salary.

3.5 Holidays and Vacation: Employee will be entitled to observe regular annually scheduled public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten (10) vacation days in each calendar year (January - December).

3.9 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union (http://www.nhic.or.kr/ Click English link) a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted from employee's monthly salary.

3.9b Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

4.0 Housing

4.1 Employer will select and provide a single private non-shared housing for employee with a kitchen and a bathroom. Furnishings provided by employer for Employee. Employee will not be held responsible for furnishings/items that need repair or replacement due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or employee’s visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employer must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit. (Asked the school/current teacher to say what the housing is specifically furnished with, as this is a bit vague, they said: bed, fridge, stove, AC, boiler, closet, washer/dryer, table, chair)

4.2 Employee is responsible for all maintenance and utility charges for the accommodation provided by employer. Maintenance and utility charges will depend on employee(s) usage.

4.3 Housing Damage/Security Deposit: Employee’s who receive accommodation by employer agrees to a deduction of 200,000 Won per month for the first three months of employment totaling 600,000 Won. This deposit is to cover any unpaid monthly service, utility, and damages at the completion of this contract or resignation/dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service and utility charges have been paid and accounted for without any remaining balances. Employer shall return the full amount of this deposit at the same time as the last

salary & severance payment which shall be made within two days of the last teaching day if a co-employee signs the housing deposit debt guarantor form on behalf of employee.

(School will refund the 1st yr Deposit money when 2nd yr finished. And School will not to take for the first three months of deposit money for 2nd yr starts.)

5.0 Dismissals or Voluntary Resignation

5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity and falsification of documents to obtain the work visa.

5.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee. In the case employee gives employer 8 weeks written notice and completes the session as stated in the settlement agreement form prior to resigning then employer shall prorate the cost of the airfare and other benefits received.

6.0 Covenants

6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.

6.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer. 6.3 Employee agrees to the ECC policies and regulations as posted at www.ybmecc.co.kr

6.4 Employee agrees to undergo the Korean governments mandated health check at employer’s expense.

7.0 Jurisdiction

7.1 This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

_____________________________ __________________________

Employer Employee

___________________________ __________________________


The current teacher said the best thing about this school is the financial security and that the management looks after them, which is obviously very important. So ye, what do you guys think?


  • NorthStar
  • Super Waygook

    • 333

    • July 05, 2017, 10:54:06 am
    • Seoul
Re: Help reviewing a Hagwon contract!
« Reply #1 on: June 09, 2019, 10:49:15 pm »
Quote
1.0 Employer and employee agree to the following:

Employee accepts employment from employer to work as an English instructor under the terms and conditions set forth here in this agreement for a period of 12 full and consecutive teaching sessions . Employment commences from the first day of class on, (_____________ 2019) and finishes on the last teaching day of the last teaching session (______________2020) covered under this agreement.

OK.

Quote
2.0 Duties

2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer such as lesson preparations, student evaluations, teacher meetings, workshops, events such as a Halloween party and mandatory arrival time. The base teaching requirement is actual teaching hours per session equal to forty minute classes if employee is assigned only forty minute classes. (During the school vacations; July & August, December & January- the maximum teaching hours will be 105 a month) Employer may assign classes between 30 to 50 minutes in length and in the case employee receives less than the above listed teaching hours, employer shall still pay the listed monthly salary and assign other teaching or administrative/curriculum related duties. Teaching days will be Monday to Friday, with a maximum 9-hour block teaching schedule excluding lunch breaks. The 7-hour block will be an average calculated based on the 5 day workweek schedule, consisting of approximately 30 teaching hours per week. In the event employee receives overtime payment or during the annually scheduled intensive months consisting of one month in the summer and one month in the winter, the maximum 8-hour block workday may not apply. Total teaching hours per session in excess of the base requirement listed above is calculated as overtime payment according to the overtime payment rate listed in section 3.1. Employee may be required up to a maximum of 5 overtime teaching hours per week. During the term of this agreement, employee may be required to attend and participate in non-teaching events & functions that can be scheduled on Saturdays. Excluding teacher refresher training these days will be a maximum of (5) per year. (The school/current teacher said it's usually only 2 Saturdays per year, but I'd be OK with 5)

How many actual classes per week/month?

Quote
2.2 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties, which includes; preparing evaluations, attending meetings and workshops scheduled by employer.

As long as those "workshops" and meetings are within the working hours...

Quote
2.3 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.

Umm..you would be agreeing to obey anything beyond what is written in the contract. 

Quote
During the normal working hours, the employee can work for both ECC and Dae-sung school which is located in the same building and run by the same owner.

The employee "can" work?  Two different schools....shady...


Quote
2.4 Mandatory Preparation and Arrival time

During the first 3 months of employment all first-year ECC employee(s) will be required to arrive at

least 1 hour before the start of their first class and prepare for lessons at least 2 hours per day. All employee(s) will be required to arrive at least 1 hour before the start of their first class and prepare for

lessons at least 1 hour per day or according to the employer’s academic standards. Failure to abide

the mandatory preparation and arrival time can result in verbal or written warnings being issued to the employee. Employee(s) teaching before 10:00 am may arrive 30-minutes before their first class. (my working hours are 10-7, so I asked about this, and the school said just arrive at for 10)

Have them put, what they say, in the contract....10-7...sheeshh.

Quote
3.0 Compensation and Other Treatment of Employee

3.1 Salary: The monthly salary will be _____________ Won with 2 payments made within two days after the last teaching session as part of the severance pay. No part of the twelfth payment will be paid unless the employee completes the full (12-session) 12 month contracts. Overtime payment is made at the rate of 17,000Won per 40-min class/prorated for shorter or longer classes. Employee’s salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension tax deductions will be withheld. Salary payments will be made on or before the eighth day of the month following the teaching session during which the employment services were provided. (The salary offer is 2.3M, and the current teacher said they're always paid on time, sometimes even earlier)

NEVER leave without your final pay....on the last working day, you better be paid both salary and severance. 

Quote
National Pension Tax Compliance: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall receive the accumulated pension tax payment made each month over the course of employment with employer plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office (http://www.npc.or.kr/ Click English link). Employee(s) who do not qualify for the refund should inquire with their countries tax office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.

OK.
Quote
3.2 Transportation into Korea: The return ticket shall be provided on completion of this agreement as per the previous contract. On completion of the full 12-session contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure such as the closest feasible airport to employee’s home city. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employees. (When I asked about this, the school said they will reimburse me for my flight to Korea. Will have to ask whether a return flight is included too like it says here. The current teacher said no other teachers have had problems with airfare)

Phuck that...don't EVER purchase your ticket to Korea for hagwon..make them pay for it up front. 

Quote
3.3 Visa Application Fee Subsidy: Employer will extend the current E2 visa once employee provides the necessary documents if needed for the extension of this visa

OK..I guess.

Quote
3.4 Paid Sick Classes: Employee’s under the 12-session contract will be entitled to 5 paid sick classes with a medical note from a physician or confirmation/approval by the employer. Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee’s monthly salary.

Don't be afraid to use use those days, or allow yourself to be bullied into NOT using them.  And, if there is a pro-rated salary, make sure it is according to WORKING DAYS, not calendar days.

Quote
3.5 Holidays and Vacation: Employee will be entitled to observe regular annually scheduled public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten (10) vacation days in each calendar year (January - December).

 :rolleyes:....10 WORKING DAYS?  Make sure it is clearly stated....5 consecutive working days taken in two different blocks...national holidays and weekends do not count.  Also, do not let them try and have you take your vacation days right before the end of your contract.  What about receiving national holidays off and paid?

Quote
3.9 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union (http://www.nhic.or.kr/ Click English link) a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted from employee's monthly salary.

Make sure you have it written in the contract, the amount to be deducted percentage wise. 

Quote
3.9b Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

Right, OK...unless it is a school function outside of working hours. 

4.0 Housing
Quote
4.1 Employer will select and provide a single private non-shared housing for employee with a kitchen and a bathroom. Furnishings provided by employer for Employee. Employee will not be held responsible for furnishings/items that need repair or replacement due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or employee’s visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employer must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit. (Asked the school/current teacher to say what the housing is specifically furnished with, as this is a bit vague, they said: bed, fridge, stove, AC, boiler, closet, washer/dryer, table, chair)

Have what is furnished listed in the contract. 

4.2 Employee is responsible for all maintenance and utility charges for the accommodation provided by employer. Maintenance and utility charges will depend on employee(s) usage.

Quote
4.3 Housing Damage/Security Deposit: Employee’s who receive accommodation by employer agrees to a deduction of 200,000 Won per month for the first three months of employment totaling 600,000 Won. This deposit is to cover any unpaid monthly service, utility, and damages at the completion of this contract or resignation/dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service and utility charges have been paid and accounted for without any remaining balances. Employer shall return the full amount of this deposit at the same time as the last

Illegal...no, no, no. 

Quote
salary & severance payment which shall be made within two days of the last teaching day if a co-employee signs the housing deposit debt guarantor form on behalf of employee.

No, no, no...you receive your final pay and severance on your last working day...period.

Quote
(School will refund the 1st yr Deposit money when 2nd yr finished. And School will not to take for the first three months of deposit money for 2nd yr starts.)

What?

5.0 Dismissals or Voluntary Resignation

Quote
5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity and falsification of documents to obtain the work visa.

Yeah, yeah...

Quote
5.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee. In the case employee gives employer 8 weeks written notice and completes the session as stated in the settlement agreement form prior to resigning then employer shall prorate the cost of the airfare and other benefits received.

"other benefits"...puck that.

6.0 Covenants

Quote
6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.

So...why work at that other school?

Quote
6.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer. 6.3 Employee agrees to the ECC policies and regulations as posted at www.ybmecc.co.kr

Is this an actual ECC school?

Quote
6.4 Employee agrees to undergo the Korean governments mandated health check at employer’s expense.

OK...

Quote
7.0 Jurisdiction

7.1 This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.

_____________________________ __________________________

Employer Employee

...some red flags here....see if you can try and get these things sorted out.  If not....find another position.  10-7 for 2.3?  No.  Paying your own airfare to Korea for a phucking hagwon?  No....and so on and so forth.


  • HappyPlanetAbuser
  • Veteran

    • 142

    • May 30, 2019, 11:30:16 pm
    • On the Bitcoin train!
    more
« Last Edit: June 10, 2019, 01:35:22 am by HappyPlanetAbuser »
Drumpf kopf 2020!


  • Raf91
  • Explorer

    • 5

    • April 27, 2019, 11:42:49 pm
    • UK
Re: Help reviewing a Hagwon contract!
« Reply #3 on: June 10, 2019, 03:54:20 am »
Thank you for taking the time to look through it and for your comments! I'll take your advice and see if I can get some of those things clarified/changed, if not, will keep looking.


Re: Help reviewing a Hagwon contract!
« Reply #4 on: June 10, 2019, 01:01:32 pm »
In addition to what was already said

3.4 Paid Sick Classes: Employee’s under the 12-session contract will be entitled to 5 paid sick classes with a medical note from a physician or confirmation/approval by the employer. Classes missed for non-medical reasons or unverifiable medical condition will result in prorated deduction from employee’s monthly salary.


This does not say days...this says classes.....5 sick classes


  • Raf91
  • Explorer

    • 5

    • April 27, 2019, 11:42:49 pm
    • UK
Re: Help reviewing a Hagwon contract!
« Reply #5 on: June 11, 2019, 02:43:59 am »
Well spotted about the sick classes instead of sick days! 5 classes wouldn't even be one full day... I was thinking that 5 sick days seems a bit generous for a Hagwon...